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- Regulatory Structure: Occupational Safety and Health Act
- Regulatory Structure: Agency Roles
- Regulatory Structure: State-Based Organizations
- Four “types” of OSHA Standards
- Enforcement through Inspection
- OSHA Inspection Priorities
- Online information
- OSHA’s Mission
- 1997 OSHA Policy Memo Regarding Workers with Disabilities
- 1997 OSHA Policy Memo Regarding Workers with Disabilities
Regulatory Structure: Occupational Safety and Health Act
Established three agencies in 1970
- Occupational Safety and Health Administration (OSHA)
- National Institute for Occupational Safety and Health (NIOSH)
- Occupational Safety and Health Review Commission (OSHRC)
Regulatory Structure: Agency Roles
- OSHA - Sets and enforces the safety and health standards
- NIOSH – conducts research on safety and health issues in the workplace
- OSHRC – oversees appeals made by employers against enforcement actions
Regulatory Structure: State-Based Organizations
- 24 States & 2 Territories operate their own safety and health programs
- Programs are monitored, approved, and partially funded through OSHA
- Standards and enforcement must be at least as good as, but may differ from, OSHA standards
Four “types” of OSHA Standards
- Horizontal – across all industries
- Vertical – industry specific
- Performance – employer chooses method
- Specification – standard provides exact procedure or measurement
Notes: Performance/Specification has to do with the level of control that OSHA exerts on the situation.
- Example of Performance Standard: “One of more methods of machine guarding shall be provided…”
- Example of Specification Standard: “When the periphery of the blades of a fan is less than 7 ft above the floor…the guard shall have openings no larger than one-half inch.
Enforcement through Inspection
- Safety and Health Compliance Officers
- On-site inspections, unannounced (advanced notice can bring a criminal fine of $1,000 and 6-mo. Jail.)
- Phone/fax investigations, low-level hazard - Employer must state how the condition is being dealt with to the satisfaction of the SHCO and the complainant.
- Issue citations as appropriate
OSHA Inspection Priorities
- Threat of imminent danger
Note: Defined in Section 13(a) of the OSH Act as, “…any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act.”
- Response to fatal accidents or catastrophes
Note: “A catastrophe is defined as three or more employees being hospitalized as a result of a work-related incident.”
- Response to complaint or referral
- Programmed inspection
Note: Programmed inspections are based on objective or neutral selection criteria, according to national scheduling plans or special emphasis programs. Programmed inspections occur on the basis of data collected by the Bureau of Labor Statistics (BLS) through industry logs of recorded injuries and illnesses. (Injury and Illness logs must be kept for 5 years.)
- Follow-up or monitoring inspections
Note: Follow-up / Monitoring inspections are conducted to ensure that previously cited violations have been corrected or, as in cases where a long period of time is needed for the facility to come into compliance, conditions are in the process of being corrected.
Online information
For a detailed listing of current standards and procedures visit: www.osha.gov
OSHA’s Mission
“… to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.”
1997 OSHA Policy Memo Regarding Workers with Disabilities
[OSHA] strive[s] for working conditions which will safeguard the safety and health of all workers, including those with special needs and limitations.
Source: OSHA memorandum to Area Directors and District Supervisors – 08/27/1997
1997 OSHA Policy Memo Regarding Workers with Disabilities
If an employee can perform their job functions in a manner which does not pose a safety hazard to themselves or others, the fact they have a disability is irrelevant.
Source: OSHA memorandum to Area Directors and District Supervisors – 08/27/1997
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